Mailed 01/10/2000

Decision 00-01-015 January 06, 2000

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of the Santa Clara County Transit District (CIS 110.01.4) for an order authorizing construction of an at-grade crossing with installation of two (2) flashing lights and gates (Standard No. 9) and two (2) cantilever flashing lights and gates (Standard No. 9A) across Central Expressway by the Light Rail Transit line of the Tasman Corridor Project in the City of Mountain View, County of Santa Clara.

Application 94-12-018 (Filed December 5, 1994) (Amended November 10, 1999)

OPINION

As part of the Tasman Corridor Project, the Santa Clara Valley Transportation Authority (VTA), formerly the Santa Clara Transit District, requests authority to modify the at-grade, heavy-rail crossing of Central Expressway (Crossing 001E-36.90-C) in the City of Mountain View (City), County of Santa Clara (County). Proposed modifications will reconstruct the crossing to accommodate light-rail operations.

The Tasman Corridor Project is a multi-modal transportation facility approximately 12 miles in length, between the cities of Mountain View and San Jose. Once completed, this facility will provide public transportation in conjunction with existing light-rail, commuter rail, and bus systems, in the Santa Clara area. Central Expressway is on an east-west alignment within the City of Mountain View, towards the south portion of the Tasman Corridor. The existing track runs parallel to Central Expressway on the south, then curves north through the roadway.

At present, the Union Pacific Railroad (UP) operates freight trains through the subject crossing by request of the NASA Ames Research Center. The crossing characteristics are as follows: 100 foot overall width, four- lane, single track on 425 foot radius curve, angle range from 19 degrees (at eastbound edge of pavement) to 44 degrees (at westbound edge of pavement) roadside bike lanes (8 feet each), 36 foot wide landscaped median, asphaltic concrete surface, two CPUC Std. No. 9 automatic gate type signals, and two CPUC Std, No. 8 automatic flashing light type signals.

The project proposes to reconstruct the existing crossing to accommodate light-rail operations, and modify the roadway configuration for increased capacity. Proposed changes to the existing conditions are: 110 foot overall width, six-lane, roadside bike lanes (6 feet each), 16 foot wide median with limited landscaping, concrete panel surface, two CPUC Std. No. 9-A automatic gate type signals with cantilever, two CPUC Std. No. 9 automatic gate type signals, and on the westbound approach one automatic advanced warning sign (Caltrans Type 9B fitted with W47 sign).¹ A sketch of the proposed crossing is attached as Appendix A.

In addition, the project proposes to install one positive-barrier gate on the westbound approach in advance of the standard crossing gates and cantilever. The positive-barrier gate operates like, and has the general appearance of, the CPUC Std. No. 9 automatic gate. However, when activated, it is designed to physically prevent the intrusion of a motor vehicle onto the track way. This is accomplished by way of three energy-absorbing, steel cables mounted within the aluminum framework of the gate. When in the horizontal position, the gate (along with its cables) extends across the westbound lanes of Central Expressway. It becomes pinned at concrete foundations located on either side of the westbound lanes, thus providing resistance to intrusion.² It is manufactured by B&B Electromatic, based in Norwood, LA. A description and drawing is set forth as Appendix B. The County will install a traffic signal in advance of the positive-barrier gate. The purpose of this signal is to notify vehicular traffic to stop because of the temporary road closure rather than alternatively giving the right-of-way to conflicting traffic movements. This is consistent with the Manual on Uniform Traffic Control Devices (MUTCD), Sections 4E-13 through 4E-17, 1988 Edition.

The installation of the positive-barrier gate is a result of much decision and negotiation between all parties involved. In brief, it serves to mitigate the limited sight-triangle of the northeast quadrant of the crossing. At present, a residential subdivision occupies the space directly north of Central Expressway and east of the Tasman alignment. The subdivision comprises two-story homes surrounded by a sound wall that has an approximate height of 8 feet. This obstructs the view between westbound vehicles and southbound trains, thus limiting the sight-triangle of the northeast quadrant.

Since the installation of a positive-barrier gate at a railroad crossing is unprecedented in California, it should be authorized on a trail/demonstration basis. Once installed, VTA should monitor, evaluate, and report the performance of the positive-barrier gate system. VTA should submit a 6-Month Preliminary Report, a 1-Year Final Report, and 1-Month Post Incident Reports as defined in Appendix C of this decision. If at any time, the positive barrier-gate system is deemed insufficient, inadequate, or unsafe, and subsequently removed from operation, VTA shall mitigate hazards associated with the limited sight-triangle in order to maintain operations across Central Expressway.

VTA is the lead agency for this project under the California Environmental Quality Act of 1970 (CEQA), as amended, Public Resources (PR) Code Sections 21000, et seq. After preparation and review of an Environmental Impact Report (EIR), VTA approved the project. On January 12, 1993, VTA filed a Notice of Determination (NOD) with the County Clerk of Santa Clara stating that "the project will have a significant effect on the environment, and mitigation measures were made a condition of the approval of the project." The Commission is a responsible agency for this project under CEQA and has reviewed and considered the lead agency's EIR and NOD.

A protest to A.94-12-018 was filed by the Commission's Rail Safety and Enforcement Division (S&E) now the Rail Safety and Carriers Division (RSCD), on January 4, 1995. S&E cited concerns of potential impacts on public safety and convenience. To address this, informal negotiations were held which resulted in an amendment to A.94-12-018 filed by VTA on November 10, 1999. The amendment was published in the Commission's Daily Calendar (CDC) on November 16, 1999. In light of the amendment filed, RSDC determined the January 4, 1995 protest was moot and withdrew it by memorandum dated December 14, 1999.

The RSCD's Rail Crossings Engineering (RCE) staff has inspected the site of the proposed project. The staff examined the need for and safety of the proposed crossing and recommends that the sought authority be granted.

Application 94-12-018, as amended, meets the filing requirements of the Commission's Rules of Practice and Procedure, including Rule 38 which relates to the construction of a public highway across a railroad.

This is an uncontested matter, in which the decision grants the relief requested. Accordingly, pursuant to PU Code Section 311(g)(2), the otherwise applicable 30-day period for public review and comments is being waived.

Findings of Fact

1. Notice of the application was published in the CDC on December 28, 1994. S&E filed a protest to the application on January 4, 1995. VTA filed an amendment to the application on November 10, 1999, which was published in the CDC on November 16, 1999. By memorandum dated December 14, 1999, RSDC (formerly the S&E) withdrew the January 4, 1995 protest. There are no unresolved protests.

2. The VTA request s authority, under Public Utilities Code Sections 1201-1205, to modify the at-grade, heavy-rail crossing of Central Expressway (Crossing 001E-36.90-C) in the City of Mountain View, County of Santa Clara.

3. Public convenience and necessity require construction of the crossing.

4. Public safety requires that the crossing be equipped with two (2) Standard No. 9 automatic signals, and two (2) Standard No. 9-A automatic gate type signals with cantilever, in accordance with General Order 75-C.

5. Public safety requires that the obstructed sight-lines, of the northeast quadrant of the crossing, be mitigated.

6. The installation of a positive-barrier or resistance gate at a railroad crossing is unprecedented in California.

7. The traffic signal to be installed by the County, in advance of the positive-barrier gate, is consistent with the MUTCD, 1988 Edition.

8. The VTA is the lead agency for this project under CEQA, as amended.

9. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's environmental impact report and notice of determination.

10. The project will have a significant effect on the environment, and mitigation measures were made a condition of the approval of the project.